Evictions. It’s a word that most landlords don’t even want to think about. It’s a long and tedious process that could result in lost money and overwhelming stress. But, as a landlord in Maryland, it’s important to know how the eviction process works.
When it comes to filing an eviction in Maryland, landlords must follow the strict and detail-focused, step-by-step legal process. One wrong move or mistake could result in the eviction request being thrown out.
In this blog post, we’ll go over a step-by-step guide on how the Maryland eviction process works.* And we’re also sharing ways to avoid eviction—because there are ways to avoid the legal mess and continue operating your rental property.
An eviction is when a tenant has breached part of the lease and the landlord wants them to leave the property.
Common breaches of the lease include:
If a tenant engages in any of these activities, it could be the landlord’s right to start the eviction process.
Disclaimer: The rules regarding when you are legally allowed to file an eviction are strict and can require you to follow specific timelines and notice periods. A failure to meet these requirements can result in your case being dismissed.
If you have a tenant who needs to be evicted from your Maryland rental property, there is a specific process you must follow.
The very first step is to serve a written notice that you plan to evict the tenants. This must be delivered to the tenants by mail or posted to the door of the property.
There are also timelines that you must comply with depending on the lease violation.
If your tenant does not remedy the situation or move out within the allowed time frame, then the landlord can proceed with the formal eviction process.
Landlords must then file an official complaint with the District Court to officially begin the legal eviction process.
A judge will review the complaint and set a court date, and send out a summons to the tenants to appear at the hearing.
During the court hearing, landlords and tenants may present their cases to the judge. If a tenant does not show up to the hearing, the landlord receives a judgment of possession, allowing them to repossess their property.
In the event the tenant decides to pay the unpaid rent that resulted in the eviction, they can cancel the eviction. However, this is only allowed if the tenant has not had more than three eviction judgments within the last 12 months.
At least five days after receiving the judgment, the landlord may file a Warrant of Restitution.
The tenants must then leave the property. If the notice is presented at the property, they have 7 days to leave. If the notice is mailed, they have 14 days to leave. In some counties, tenants are allowed 60 days to leave a rental after eviction.
On eviction day, if the tenant is still occupying the property, the local sheriff or a constable will remove the tenant.
Once the tenant has left, the property is in the landlord’s possession once again.
*Disclaimer: This blog is for general information only and not legal advice. Eviction laws and processes are complex and vary by jurisdiction. Consult with a qualified attorney for advice on your specific legal situation.
The eviction process is a long, time-consuming, and often expensive process that landlords should want to avoid. Fortunately, there are some steps that you can take to avoid evicting problematic tenants in Maryland.
The best way to avoid future evictions is to thoroughly screen potential tenants before they sign the lease.
This is your opportunity as a landlord to get an overview of the potential tenant’s financial responsibility, employment situation, and rental history. Reaching out to tenant references, such as their employer and previous landlords, can also provide insight into what kind of person they are and their professionalism.
When landlords take time to verify that a potential tenant is able to pay rent each month and has a history of being a good tenant, it’s a good sign their tenancy won’t lead to eviction.
In some cases, it is possible to avoid the eviction process entirely, even when a tenant breaches the lease. Landlords can offer the tenants an amount of money in exchange for them to leave the property and terminate the lease. This is known as cash for keys.
Since the eviction process can be tedious and expensive, sometimes a cash for keys situation can actually save the landlord money and get the tenant out of the property faster.
The most effective way to avoid evictions, find high-quality tenants, and maximize your rental income is by working with a property management company.
Your Maryland property manager will take care of everything, including the tenant screening process, to ensure they place only qualified tenants in your rental.
But that’s not all. Your property manager also acts as a liaison, which means they can keep the peace and find the best solutions for any situation to avoid eviction.
You’ve worked hard to build your real estate portfolio. The last thing you want to worry about is going through the Maryland eviction process.
That’s where Mainstay Property Management comes in. With a less than 1% eviction rate, we can help you find high-quality tenants who pay rent on time and respect your property.
Plus, we’ll handle all the everyday tasks like maintenance, repair coordination, financial reports, and rental property inspections.
When you trust the Mainstay way, all of your rental property worries go away.
Contact us to see how we can help you fill your Maryland rental property with qualified tenants today!
If you enjoyed this article, make sure to read “A Landlord’s Guide to Finding and Keeping Quality Tenants” next!
Mainstay Property Management in Laurel, MD, serves the greater Baltimore, Annapolis, and DC Metro areas, including Anne Arundel County, Bowie, Clarksburg, Columbia, Ellicott City, Gaithersburg, Germantown, Howard County, Montgomery County, Odenton, Potomac, Prince George’s County, Rockville, Silver Spring, and Wheaton.
As cooler weather approaches in Howard County and the surrounding areas in Maryland, landlords need…
Raising the rent is a reality of owning and managing rental property, especially in a…
Part of being a landlord is receiving maintenance requests from tenants. These requests can come…
Whether you're managing a single-family home in Germantown or a multi-unit building in Howard County,…
The secret to a successful rental property investment in Maryland is to manage it like…
Renting out your Maryland home can be one of the most rewarding financial moves you…